Smith Thompson

“ There ought to be some very strong grounds to authorize a court to declare an instrument absolutely void, which has been voluntarily made, upon a good consideration, and delivered to the party for whose benefit it was intended. There is, in this case, no principle of public policy or morality violated; but on the contrary, the object and purpose for which the instrument was given, was in furtherance of the provisions of the statute, and in compliance with the legal and moral obligations imposed upon the receiver of public moneys. ”

“ It requires the paymaster to give good and sufficient bond to the United States, fully to account for all moneys and public property which he may receive, in such sums as the secretary of war shall direct. All the reasons urged in favor of the validity of the bond in that case, apply with equal force to the one now before the court. The only departure of the instrument from the directions of the act, is the want of a seal ”

“ The act of congress, under which this instrument was taken (2 U.S. Stat. 73, § 6) directs, that a receiver of public moneys shall, before he enters upon the duties of his office, give bond, with approved security, in the sum of $10,000, for the faithful discharge of his trust. The statute does not profess to give the precise form of the bond. It is only a general direction to give a bond for the faithful discharge of the trust. There are no negative words in the act, nor anything, by implication or otherwise, to make void a security taken in any other form ”